Appealing the Commission’s Decision

  1. Who can appeal?
    • A person who is a party to proceedings before the Commission (including the Director intervening in proceedings before the Commission under section 69(11)); and
    • A person who is dissatisfied with a decision of the Commission.
  2. Who can't appeal?
    • A decision was made under section 96 to suspend the operation of a licence for a period of two weeks or less.
    • If the decision was made (by one or three members) solely or partly on the basis of confidential information.
    • When the Commission constituted by one member made a determination on a review under section 25 of a decision of the Director.
    • A decision was made by the Commission constituted by a panel of three members (including one legal practitioner) unless it is on a question of law to the Supreme Court.
  3. Can I lodge a further application with Director for consideration?

    If an application for the grant or removal of a licence is not granted because the licensing authority is not satisfied that granting the application is in the public interest, an application for the grant or removal of a licence of the same premises or land cannot be made within three years. However, an application may be lodged if the Director certifies that the proposed application is of a kind sufficiently different from the application that was not granted.

    All other matters can be lodged with the Director immediately if new information is able to be presented.

  4. Who do I appeal to?
  5. If I appeal, will the decision of the Commission have effect?

    Where the holder of a licence appeals against a decision of the Commission in respect of that licence or a permit relating to that licence

    • the decision of the Commission will not have effect; and
    • the licence or permit shall (subject to the payment of any fees then due and payable) continue to have effect,

    unless the Supreme Court or the Commission as constituted under section 28(4a)(a), as the case requires, by way of an interim order, otherwise direct.

Last Updated: 25/02/2015 14:36:53 PM